abiLIVE Webinars

Hosted by ABI's Consumer Bankruptcy Committee One of the fundamental objectives to consumer bankruptcy is the idea of a fresh start – but when should that fresh start begin? In this webinar, we will ask the simple question: who gets the benefits when a property appreciates during the course of a reorganization? The answer to this question may surprise you. Join a distinguished panel from the bar, academia, and the bench in this webinar to unpack the complex debate surrounding this seemingly simple but multifaceted question.

Hosted by ABI's Health Care Committee Are you eager to delve into how analysts use data to understand opportunities and risks in the health care sector, and why some players might be winning or losing in this dynamic environment? Look no further! This webinar will educate you on the essential key indicators, metrics and information required to comprehensively evaluate risk and uncover opportunities across the health care sector. You will learn how data-driven insights empower decision-making, and how this can help you when advising clients. The panelists also will explore the outlooks for key health care subsectors over the next approximately 18 months, providing you with the latest trends and predictions to help you stay ahead in this rapidly evolving landscape. Lastly, this webinar will provide valuable insights into which players or categories of players are poised to succeed or face challenges in this environment. Understand the "why" behind their successes or distresses with real-life examples and case studies.

The Supreme Court on Aug. 10 granted an emergency application for a stay and granted certiorari in the case of Harrington v. Purdue Pharma L.P. The Court will consider whether the Bankruptcy Code authorizes a court to approve, as part of a plan of reorganization under chapter 11 of the Bankruptcy Code, a release that extinguishes claims held by nondebtors against nondebtor third parties without the claimants’ consent. The case is scheduled to be argued in the December 2023 argument session. Hear experts on both sides of the issue as they prognosticate on how the use of third-party releases may unfold before the Supreme Court.

Hosted by the Consumer Bankruptcy Committee Join our panelists as they discuss the DOJ’s new student loan guidelines and provide context on how the guidelines will impact debtor attorneys, trustees and other entities in the bankruptcy process.

Session 1: Understanding Executory Contract Rejection: Damages, Valuation and Strategy When a debtor files for bankruptcy, it has the option to reject executory contracts, or agreements under which both parties have yet to completely fulfill their obligations. In this panel discussion, experts will explore the process of evaluating the rejection of executory contracts, particularly in cases where the debtor is considering rejecting one or more supplier contracts (vs. leases or other financial obligations of the debtor) and where the case is likely to result in a sale. We will cover: the reasons why a debtor might reject a contract, and the evaluation process for making this decision; the process of accessing the rejection damages to enable bid comparisons and informed planning and decision-making; and how the courts rule on comparing bids that differ on rejections and damages, including the legal standards used to determine the appropriate compensation for the other party. Whether you represent creditors or debtors, or are interested in learning more about contract rejection, this webinar will provide you with valuable insights into the complex world of bankruptcy law and real-world case studies. Join us to gain a deeper understanding of the decision-making process and potential damages involved in rejecting executory contracts.

PwC joins the American Bankruptcy Institute to discuss restructuring activity in 2021 and to look ahead at trends we may see in 2022. Additionally, we will explore industries to watch and host a live audience Q&A.

Sponsored by ABI's Real Estate Committee Please join ABI's Real Estate Committee for a dynamic 2022 economic outlook presentation featuring a real estate economist and professionals. Topics will include a review of the industrial, hospitality, retail and office sectors; the impact of inflation on the real estate economy; last-mile logistics; and other timely topics to arm practitioners with important knowledge about the real estate economy. The program will conclude with a question-and-answer period.

Hosted by ABI's Unsecured Trade Creditors Committee This program will be structured as a case study and will delve into the prosecution and defense sides of a recently settled preference case in which the presenters were involved. The parties will engage in a free-flowing discussion of their respective positions folllwing a brief discussion of the underlying bankruptcy cases. In addition to various aspects of the subsequent new value (paid/unpaid, treatment of § 503(b)(9) and critical-vendor payments, etc.) and ordinary-course-of-business defenses (subjective and objective, including purported payment pressure and a bifurcated set of payment terms, etc.) that are at issue in the vast majority of preference cases, the presenters will also discuss less frequently raised defenses/issues, including, but not limited to, the critical vendor defense, and the impact of (1) pre- and post-petition recoupment/setoff rights on a defendant’s § 502(h) claim, and (2) a material unpaid post-administrative claim on the parties’ settlement strategy and related positions.

Sponsored by ABI & INSOL Following up on Part I, hosted by ABI, INSOL and the international committee of the Dutch Restructuring Association, this webinar will discuss the content of relevant restructuring plans under U.S. chapter 11, the English Scheme processes and the Dutch Scheme, with a focus on (the relevance of) valuation reports. The panelists also will discuss the particularities of the content of the relevant restructuring plans for their respective jurisdictions.

It has been more than a year since the new Dutch Act on court-sanctioning of private composition to avoid bankruptcy, the so-called WHOA or Dutch Scheme, entered into force. The new Dutch Scheme has received a lot of attention in the (international) market because it offers a flexible restructuring tool in the Netherlands, a jurisdiction that plays an important role in many international restructurings. Notably, the Dutch Scheme introduced debtor-in-possession proceedings, which aim to achieve debt-restructurings outside of formal Dutch bankruptcy processes. Join this panel of experts as they take a look at the Dutch Scheme and the similarities it has to U.S. chapter 11 and English scheme processes, and whether these similarities can also be seen in practice.